30 January 2020
Commentary on Reciprocal Recognition of Judgments in China and Japan
Associate Professor Béligh Elbalti of the Graduate School of Law and Politics at Osaka University has recently contributed an article to China Justice Observer founded by Dr Meng Yu and Dr Du Guodong, in which he argued that the recent relaxation of the attitude of Chinese courts towards the recognition and enforcement of foreign judgments was no drastic shift and may not benefit Japanese judgments as much as one would like.
The stalemate between China and Japan is of interest among jurisdictions covered by ABLI's Foreign Judgments Project, especially considering that China and Japan are among each other's largest trading partners. In fact, Dr Meng Yu, who spoke at the "Big Deal" panel discussion organized by ABLI in August 2019, also cited the China-Japan dilemma as a classic example of the drawback of relying solely on "de facto reciprocity".
ABLI is heartened to see growing interest in the area of recognition and enforcement of foreign judgments in Asia, and hopes that the second phase of its Foreign Judgments Project, when concluded, will contribute meaningfully to addressing the current Sino-Japanese impasse to achieve greater convergence in this area of the law.
Read Associate Professor Elbalti's full article here
Disclaimer: The opinions expressed in the article Some Thoughts on the Sino-Japanese Reciprocal Recognition Dilemma in Light of the Recent Developments in the Recognition and Enforcement of Foreign Judgments in China are those of its author. They do not purport to reflect the opinions or views of ABLI. The designations employed in that article and the presentation of materials and data therein do not imply the expression of any opinion whatsoever on the part of ABLI concerning the topic on the recognition and enforcement of foreign judgments in China and Japan.
Photo credit: China Justice Observer